Congestion Charge issued outside charging hours or days
The Congestion Charge only applies at certain times: Monday to Friday 07:00–18:00, and Saturday, Sunday and bank holidays 12:00–18:00. It does not apply at all between Christmas Day and New Year's Day (25 December to 1 January, inclusive). If your journey took place entirely outside these hours, on a day when charging does not apply, or during that festive free period, the penalty notice should not have been issued.
Legal basis
Greater London (Central Zone) Congestion Charging Order 2004 (charging hours and days); Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (SI 2001/2313)
How to identify this in your case
Look at the date and time printed on your Penalty Charge Notice. If the time falls outside 07:00–18:00 on a weekday, or outside 12:00–18:00 on a Saturday, Sunday or bank holiday, charging did not apply. Equally, if the date falls anywhere from 25 December to 1 January inclusive, charging did not apply on that day either.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.
I make representations against this PCN. The Congestion Charge applies only within defined hours and days. The journey by vehicle [VRM] on [DATE] at [TIME] fell [outside charging hours / on a non-charging day / within the Christmas-New Year free period], so no charge was payable under the Greater London (Central Zone) Congestion Charging Order 2004. I request cancellation.
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- Greater London (Central Zone) Congestion Charging Order 2004